Chief Ramono Pilane came to South Africa from Botswana and took over as the chief of Bakgatla-Ba-Kgafela in Moruleng Saulspoort. He remained a chief until he died in 1917. His oldest son, Tidimane, who was born in South Africa, took over until 1994. He was forcefully removed by a ruling of the Mafikeng High Court in a case brought by Kgosi Lentswe Pilane and Chief Nyalala Pilane because they felt he was being ruled by his wife and they wanted Nyalala Pilane to take over. Chief Nyalala Pilane was temporarily asked to step in until the right person had been appointed. According to the community tradition dictates that for a person to become a chief he must be the first-born son of the reigning chief. Chief Nyalala Pilane is the last-born son of Bagopa Pilane. Tidimane’s sons, Merafe and Diphatsa, are the rightful heirs of Bakgatla- Ba-Kgafela in Moruleng. Chief Nyalala was chosen temporarily during the Bophuthatswana era under president Lucas Manyane Mangope. When Tidimane was removed, a case was opened in the Mmabatho High Court and judge Handler ruled Nyalala was properly appointed as a chief by Mangope but he referred the matter relating to customs for oral evidence, because the issue of customs could not be decided on an application. Unfortunately, Tidimane died before the evidence was presented and the matter was left pending. Nyalala Pilane was issued with a letter of designation in terms of Bophuthatswana’s Traditional Authority Act of 1978. Then South Africa changed and the legal position in the transitional period was that the status quo on traditional leader before 1994 should remain until the new constitution came into being. Section 38 of the new act, the framework of the Traditional Leadership and Governance Act 2003, came into operation in 2007. Nyalala Pilane, in terms of the act, was given 12 months to comply by presenting himself before a commission whose task was to verify whether he was a chief. He never complied therefore he does not have a certificate of recognition in terms of act 2 of 2005. If a person has complied with section 38 (1) the premier of the province shall recognise that person as a chief of that community and publish in the Government Gazette that the particular person is a chief. Pilane does not satisfy either criteria. For a tribe to be recognised as a traditional community, the premier has to constitute that tribe as a traditional community in terms of Act 2 of 2005 and publish it in the Government Gazette confirming that the traditional authority (tribe) has been constituted as a traditional community. This never happened with Bakgatla-Ba-Kgafela. Based on this, Bakgatla cannot have a traditional council or chief. In terms of national and provincial law a chief has to have a council. There is no council because the Bakgatla have not been constituted as a traditional community. By Ophemetsi Molopyane
Posted on: Sun, 11 Aug 2013 18:56:57 +0000
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